A short history of Niue

by Dr J Floor Anthoni, 2004
www.seafriends.org.nz/niue/history.htm

On this page we have brought together interesting
facts and thoughts about the history of Niue, about which very little has
been written. Niue is not only isolated by its location in the south Pacific,
but its policies of quarantine against introduced diseases, isolated it
even further. So, by the time missionaries were allowed to preach the Gospel,
Niue was indeed barbaric in its culture and behaviour with only stone tools.

statistics: population and other vital
statistics as far as they were collected (postponed).

.

Read more interesting facts about Niue and its environment and go to
the
Niue index on this web site.
Reference: Chapman T, Etuata I, et al. (1982): Niue,
a history of the island. Government of Niue & Inst Pacific Studies
& University of the south Pacific. (152pp in Niuean and English). An
authoritative study of Niuean history.For suggestions, comments and improvements, please e-mail
the author.-- Seafriends home -- Niue
index -- sitemap -- Rev 20041128,20060113,

Introduction

If one is disappointed at not seeing the beautiful
vistas of cloud-wreathed mountains sweeping down to romantic beaches as
on neighbouring volcanic islands, one has to admit that Niue has a distinctive
beauty all of its own. Sheltered rocky coves, jewel-like reef pools, noble
headlands, awesome tropical forest, scattered coconut and taro plantations,
neat colourful villages, comprise an island of almost 100 square miles.

These are words from the book Niue, a history
of the island - how appropriate. Yes, Niue is different, very different.

Niue is perhaps the only nation-island located on a large rock of coral
limestone with no other kind of rock protruding through its surface. It
has no natural mining resources such as oil, gold, coal or even guano (bird
droppings). Its soils are unwilling, its coasts unkind with precious little
access to the bounties of the sea, which are also very few. It is a poor
man's place. Although it has a clement climate and good rainfall, it also
experiences annual periods of drought and the occasional disastrous year-long
drought. Seabirds tend to agree, as borne out by the absence of deposits
of bird droppings. The Niuean people agree too, since they have been leaving
the island as soon as this became possible through modern shipping (since
1860). Now about 20,000 Niueans live elsewhere, leaving 1100 as caretakers
behind (2004).

Yet, people who found Niue and wrestled a living from it, never wanted
to return to where they came from. To them, Niue held promises, only to
be fulfilled by hard work. Niue has perhaps never been a unity but it consisted
of moieties (parts) with rivalry and war between them. But the island was
too poor to be able to afford a king with ceremonies and a bureaucracy.
Neither could Niue afford extensive spiritual rituals, large temples and
priesthoods, even though Niueans were very superstitious. So the rank and
file in Niue has by and large been unitarist, as in a republic.

A lack of surplus in the economy has resulted in a less structured
society and religion, compared with other Polynesian islands. The lack
of idols and huge temples has not diminished Niuean religion deeply embedded
in their lives and ways. Niueans were a very superstitious people, and
developed a complicated system of tapus which also heralded an early
form of conservation. Every settlement had its own sanctuary (tauga)
in the bush, a place marked out and strictly forbidden to go even near,
and supposed to be a place wholly kept for the breeding of birds and land
crabs. The Tauga at Hakupu is still such a tapu area.

Land and fresh water (Niue has only one source of running water) being
the most important resources, were common causes for disputes and necessary
acquisition due to population growth. Warfare simply adjusted the boundaries
to what was required. However, after Christianity did away with warfare,
the disputes about land actually increased. Remember that because there
was no written tenure system, the knowledge about ownership and boundaries
disappeared in as little as two generations.
Niue (Niue-Fekai: niu= cocounut palm; niue=
'see the coconut tree' or 'palms ahoy'. Fekai= cannibal, even though
cannibalism was unknown in Niue) has for a century been called Savage
Island, for good reasons. Niueans' nature of worship is very much an
ecstatic type. Human hearts when touched by the power of spirits often
reacted in an energetic and frantic manner. These ceremonies were especially
used before going to war (tugi e mama = lighting the fires).

In a pre-war ceremony known as a tugi e mama (lighting the fires)
the Taula-atua (shaman or priest) who was supposed to be the leader
of the ceremony, first appeared in the foreground feverishly calling out
in a language of his own to his gods to come together and aid the troops
who were about to enter into battle fields for fighting. He then proceeded
to light the fires scattered around the place together with a large fire
into which the poisonous wood of the kieto, the moota and
the foumamala were burnt. Leaves of the foumamala tree were
also thrown on top of the fire in order to make its smoke, and at such
times the whole troops blackened the ends of their spears in the smokes.
While this was still under process, the Taula-atua cried out in
a very loud voice, the kinds of words which could offer magic touches on
their spears. When he had finished with all that, he then hit his head
with a burning torch made from the wood of a kofetoga tree with
the idea of spreading little sparks against his head. After this, when
the shaman had finished lighting the fires, the whole troop did a war dance
(takalo) in order to show the Taula-atua that they also had
possessed some sparks from his gods. The most vigorous dancer, the one
who had displayed a lot of furious action would afterwards be chosen as
their leader. Obviously it was because of this sort of ecstatic mood that
Niueans were often accused by some early visitors of being a most devilish
and savage lot.
Similarly when the troops were successful and upon returning to their
own territories, every one of them including their women would rejoice
greatly. They engaged in dancing vigorously in pairs throughout the whole
night, as if they were all possessed by spiritual powers. Such form of
dance was known to them as tafeauhi and was certainly their own
way of celebrating their success in warfare. However, in later periods,
mainly after missionary influences, the tafeauhi was regarded as
mostly evil.

kieto: a tree (Diospyros samoensis) used for making clubs
and furniture. Its timber has a hard core resembling ebony while its outer
part is soft and white. Its fruits are used to stun fish. The kanume
tree (Diospyros ferrea) is used in a similar way.
moota: a tree (Dysoxylum forsteri) used to build the
main hull of a canoe
fou: a hibiscus shrub (Hibiscus tiliaceus) whose bark
fibres are traditionally used for weaving. foumamala is perhaps
some other hibiscus species.
kofetoga: a weed (beggar's tick) (Bidens pilosa) known
for its scent. The word may be used for other herbaceous plants used for
scenting oils.
tafeauhi: (tafe= to flow; uhi= forest) a traditional ceremony
which involves a lot of singing and dancing, creating a lot of noise.

Like any other society, Niueans had their own power structure. Class
in Niue was based on performance of activities (rather than birth), and
the more famous their activities, the higher their status.

Magafoa lahi is the extended family or group in which the father
had supreme authority and power in decision making, preferentially passed
down to the eldest son (mateniu). The land was the property of the
magafoa
(family), under its leader takitaki magafoa who had to earn respect
by being a reliable leader acting in the public interest. Since the takitaki
magafoa had ultimate power, he could take from the harvest whatever
pleased him, without ever needing to work for it.

Niueans saw their line of descent (mataohi) as follows:

ko e mataohi iki: the ancestral source of chiefs, famous for their
exercise of power.

ko e mataohi toa: the ancestral source of heroes, famous for their
war performances. They could earn the chiefly title Togia only when
possessing power and fame.

ko e mataohi talahaua: ancestral source of famous men

ko e mataohi teva: ancestral source of lazy people

ko e mataohi kaiha: ancestral source of thieves

Girls never had any right to ownership of important belongings. The wives
were considered of different descent, and their brothers rather than their
husbands would avenge them. Getting a wife from another person was not
embarrassing and the woman would still be well regarded as it proved her
beauty and descent. Husbands prided themselves of other men (particularly
chiefs) wanting their wives as this proved their good taste and choice.
Before going to war, the warriors (toa) were strictly forbidden from
getting themselves involved with women. Whilst engaged in warfare, they
were not allowed to even stop and talk to women, for fear of being killed
by their own troops.

Very early in their history, Niueans made the connection between disease
and its transmission by close proximity and contact. Hence their suspicion
of foreigners, and their desire to kill anyone who landed there, even their
own people returning from overseas. Anyone suspected or showing disease,
had to remove himself in isolation in the forest until the disease was
cured or the person died. This worked so well that a smallpox epidemic
killed only 100 out of 4000 people (in Europe, casualty rates were very
much higher, like 20-60%)

Because of its isolation, its environmental background, and its very
simple social structure (very much after a republican form), the physical
health and strength of Niueans appears perfect. Very little is mentioned
of illness and disease. The island was very much blessed and its inhabitants
became very much concerned about people from outside coming to the island.
Much of the hostility seen by some early visitors to the island reflected
how reluctant Niueans were to accept any visitors, simply because they
were suspected of bringing with them various sicknesses and diseases which
might affect Niueans' health. Even in those early days, because Niueans
were very much concerned about protecting their own health, they adopted
a policy whereby any sick person was taken away into the bush and left
there, away from the presence of the public at large. Such form of primitive
quarantine was a common practice of the people of Niue before.

Their almost complete isolation and rejection of contact with other
island groups, resulted in their culture such as building, arts, crafts,
dancing and singing, remaining quite basic. Their self-imposed isolation
deprived them also of raw materials and from being part of Polynesian trade
routes. Even though Niueans descended mainly from Tonga, today one can
find the Samoan influence more prominent, as Christianity came with Samoan
missionaries.

Christianity, introduced by the Niuean Peniamina Nukai to the island
as late as 1840, has replaced revenge with tolerance, ending the cycle
of reciprocal wars. The Council or Fono brought the villagers together
to resolve disputes as it grew to a form of local government.

Niueans discovered that working together rather than fighting, delivered
more prosperity but even so, there are not enough people for all the specialties
a modern society depends on. Most have two or more jobs. Many have multiple
skills. Lagi Tuhega, a man returning to Niue from his 'training' in New
Zealand, describes it as follows: "During my stay I moved around from job
to job in order to learn. I worked as a blacksmith, a sawmiller, a shoemaker,
bushman and steel metal worker". (Lagi Tuhega in Land Tenure in Niue, 1977)

Niue has elected a form of government of independence with full representation
as a nation in the United Nations. This top heavy bureaucracy is unaffordable,
reason why much aid money does not do any good for the island itself. Yet,
becoming fully incorporated as part of New Zealand brings other disadvantages
as discussed in the chapter about what next? For the moment, the Niue government
is strongly determined to maintain their cultural links with their past,
while carefully accepting some benefits of the modern world.

Niue’s system of government is based on the Westminster system.
The Niue Assembly consists of 20 members, 14 of whom are elected by village
constituencies and 6 from the common roll. The 20 members elect a Premier
and the Premier selects three cabinet ministers from the 19. Members
elect a Speaker from outside their ranks. A general election is held every
three years.

TimelineThis historical timeline provides a quick overview of Niue's history.
The dates that are uncertain have been greyed out to alert you.

1 million years ago: Niue's volcano
reaches the surface of the ocean and becomes inactive. First the seas wear
it flat, with perhaps remnant of an old crater. A coral limestone cap forms
in a period of rising warm seas.

250,000 - 100,000 years ago: The Alofi
Terrace was formed surrounding the island.

400 - 1100 AD: first settlers on Niue
by Tongans and Samoans. The Tongan influence is stronger in the south of
the island (Tafiti) whereas the Samoan influence is stronger in the north.
Oral tradition relate the origin to five tupuna (gods) known as
Fao, Huanaki, Lageiki, Lagiatea and Talimainuku (Fakahoho) who came from
the unknown land Fonuagalo. In the 1300-1600 years of settlement, oral
tradition has remembered only 7 kings. There have been several waves of
settlement or arrivals from other islands.

1774: June 20th, Captain James Cook discovers the island. After
attempting to land three times (at Tuapa, Opaahi and Avatele) while receiving
three hostile receptions, accosting him and his party "with the ferocity
of wild boars", he left, naming the island Savage Island. The island
remains free from human contact for half a century.

1825?: Niueans murder the crew of a
passing whaling ship. There were also other whaling ships wanting to trade
for fresh food and water.

1830: June 19th, John Williams called at Niue, determined to land
missionaries on as many islands as possible. The two Aitutakian missionaries
did not want to stay, and John Williams decided to kidnap two youths in
order to convert and educate them but the two youths Niumaga from Alofi
and Uea from Makefu remained inconsolable as they saw their island disappear.
This did not endear Europeans to Niueans.

1830: several months later, Uea and Niumaga were returned but they
had a hard time being accepted again. Uea was killed together with his
father, but they brought the loku (papaya, pawpaw) fruit, the gospel
and the kafukula ('red cover', the name for syphillis, a serious
slow-killing sexually transmitted disease). Also a form of influenza breaks
out.

183?: Niumaga and Peniamina Nukai leave
for Samoa. Peniamina became a servant of the famous missionary Dr Turner,
learnt to read and write and became converted to Christianity.

183?: London Missionary Society (LMS)
missionary Aaron Buzacott tries to land but fails.

1846, October 26: Peniamina and Fakafitifonua (a Niuean with influence
in Niue) arrive (for their fifth attempt) back from Samoa on the John Williams
and land at Mutalau in the north, with a large box full of wonderful European
goods. As no epidemic followed his landing, they were very lucky, although
many plots existed to kill them. Eventually Peniamina was able to preach
and convert many to Christianity. He is firmly remembered by a national
holiday named after him (Peniamina Day).

1849 October: the first Samoan teacher, Paulo arrives and takes
over Peniamina's station of Mutalau. Paulo established the first 'parliament'
or fono enabling Niueans to talk conflicts out rather than going
to war.

1850: Commodore Erskine visited Niue in the Havannah and found no
mistrust of the white man amongst Niueans. At the time the Sabbath congregations
in church numbered over 100. Unfortunately Peniamina had an extra-marital
relationship with another woman, which although acceptable in Niuean society,
was not acceptable to his missionary superiors, and he is banned to Samoa,
surrounded by an atmosphere of disgrace. He died on 6 March 1874 and was
buried in Makefu

1853: while chasing the castaways of a shipwrecked Spanish-Portuguese
vessel wrecked off Tepa Point, the HMS Calliope, commanded by Sir E. Horne,
becomes involved in a 'misunderstanding' during which Niueans get killed.

1854: the missionary church at Avatele becomes operational.

1859: George Turner sees 1100 people present at a church service
in Alofi. Georges Lawes takes over a well organised church, established
by Samoan pastors. There were no more wars, infanticide and cutting the
fruit trees of the dead. But by 1862 he realises that the word of God is
not strong enough to discourage thieves and other bad elements. He established
a network of local 'policemen' but these became corrupted. What he needed
was authority and he looked toward annexation by England to provide such.
In 1859 a petition to The Queen was mooted but not acted upon.

1863: Peruvian slave traders carried off some 109 men in three ships
to work the guano deposits in Peru (the guano pits of Chincha Islands),
yielding precious phosphate fertiliser.

1868: Mr Charles McFarland of Apia took on board his schooner 60
men and 20 women who were sick of the missionaries' rules against what
was essentially fun and tradition. So began a drain of able young men in
search of income, fun and labour in Samoa, Queensland, Tahiti, Fiji, Malden
Island and many other places. Some settled there while others returned.
Christians are becoming 'luke-warm' towards the church whereas non-christians
openly hostile. Gradually the women outnumber the men almost two to one.
The lure to go abroad became even greater as men returned, awash in cash
earnt from working in plantations where they could earn twice their earnings
from working their own fields. They also became used to drinking alcohol.

1870: the missionary ship John Williams is wrecked, and Niueans
discover just how rich the missionaries were, quite unlike what they were
preaching.

1872: George Lawes leaves on furlough and is called to the mission
of New Guinea. His brother Frank Lawes takes over a well established church.
It was a tall order for Frank to follow in the footsteps of his father,
but his dedication earnt him even greater respect.

1876: Mataio Tuitoga, chief of Alofi is elected king of Niue, as
a counter force to the missionaries' power

1879: British High Commissioner Sir Arthur Gordon visits Niue to
speak about British protection

1887, July 12th: King Tuitoga dies and months later Fataaiki succeeds
him. Fataaiki writes to Queen Victoria "We the chiefs and rulers and governors
of Niue-Fekai desire to pray Your Majesty and Your Majesty's Kingdom, if
it be your pleasure to stretch out towards us your mighty hand that Niue
may hide herself in it and be safe." This petition is sent again in 1895
(see box below).

1896, January 15th: King Fataaiki dies. King Togia from Tuapa succeeds
two years later (1898), a most unloved and unpopular candidate. A law is
passed forbidding the sale of land to Europeans, and another forbidding
sales of liquor to Niueans.

1899, October 10th: The Samoan Convention puts Niue and other islands
under the patronage of Great Britain, leaving Samoa to the Germans.

1900, April 21st: Sir Basil Thomson was sent from Tonga to Niue
to sign a treaty of Cession and hoist the British flag [1]. But in these
times, New Zealand also had a desire for empire, calculating the possible
benefits from commodities grown elsewhere: a mercantile empire. Premier
of NZ, Richard Seddon visits Niue and King Togia.

1900, October 19th: Lord Ranfurly, Governor of New Zealand proclaims
British Sovereignty over Niue but in reality paved the way to full annexation
by NZ, as Niueans were blissfully unaware of all that.

1901: Queen Victoria dies. In a four months visit, Percy Smith reconstituted
the Fono as a Council of Representation of the eleven villages of the island.

1902: Mr Maxwell arrives in Niue to become the first Resident Commissioner.
The Cook and Other Islands Act 1902 is enacted, providing for individual
ownership of land but not addressing shared ownership. By prohibiting the
selling, giving, willing or even abandoning of land rights, it replaced
excessive flexibility by excessive rigidity. Under the colonial law, rights
to land could be acquired only by accidents of birth, that is by compulsory
inheritance.

1903: a New Zealand parliamentary delegation visits Niue. Niueans
thought they had ceded their island to Britain, not to NZ and they were
even more angry discovering that NZ had put them under the Cook Islands
with which they had no affinity.

1903, September 29th: New Zealand's Cook and Other Islands Amendment
Act establishes a separate administration for Niue under a separate Resident
Commissioner. Niue is now under foreign power and so enters the New Zealand
period.

1910: after 38 years of dedicated service, Frank Lawes retires,
leaving behind a base for the development of a nation. Under Frank Lawes,
people were gradually moved from the forest into coastal villages and new
types of houses were built, cottages with thatched roofs and limewashed
walls and windows closed with venetian blinds. European type of clothing
was now worn by all. Export trade consisted of wild mushrooms, arrowroot
and copra. Plantings of cotton were successful until the world commodity
price for cotton slumped. Niueans learnt the Tokelau tradition of weaving
hats and baskets from Pandanus leaves. The first NZ doctor, Dr Schumacher,
a German, establishes himself on the island.

1914: a police constabulary is established. The First World War
commences. Resident Commissioner Mr Cornwall manages to recruit 150 Niueans
as volunteers for the NZ Army to be sent to Egypt in 1916, then on to France
to fight in the trenches from which few returned.

1922: the hospital in Alofi is opened to fight consumption (tuberculosis)
and venereal diseases. A leper colony exists at Makogai.

1924: a local radio station was built.

1927: the English language replaces Niuean vernacular language at
schools. 1920-1950 a healthy banana industry provides for export returns,
but a disease puts an end to that.

1929-1934: the world depression also hits Niue and its export earnings.

1940-1945: world War Two does not demand Niuean lives after the
disastrous experience with WWI.

1944: Mr Larsen is appointed Resident Commissioner with ideas ahead
of his time as he builds capacity by sending Niueans overseas for training.
Mission schools are augmented into the NZ education system. Niueans are
trained overseas as teachers. Larsen allows other churches to establish
in Niue, resulting in a wide representation and an over supply in churches.

1953, August 14th: Mr Larsen is murdered by escaped convicts who
had a grudge against him. The murderers were sentenced to death in NZ but
this sentence was finally converted in May 1954. Mr J M McEwen becomes
Resident Commissioner (to 1956), endearing himself quickly to the Niuean
people by speaking their language and turning the Council from yaysayers
(yes-men) to active decisionmakers. McEwen has significant experience with
Maori land problems and the problems with the Land Court in the Cook Islands.
He designs a land registration system suitable for the Niuean situation.

1959: a severe hurricane devastates the island

1960: an even more destructive hurricane takes all before it. Niue
becomes a place in the minds and hearts of New Zealanders as aid streams
in and the island is rebuilt.

1964: the Niue Assembly decides that persons who had been absent
for 20 years or more would automatically lose their former land rights
on Niue, because retaining them would retard economic development.

1969: The Niue Island Assembly Land Ordinance 1969 modifies the
Cook and Other Islands Act 1902 to provide for group interests in land.

2004, January 4-6: Cyclone Heta, perhaps the strongest hurricane
ever, strikes Niue, destroying more than ever before. Government buildings
are shifted from South Alofi inland and a new hospital must be built. Read
more about Cyclone Heta.

King Fataaiki writes to Queen Victoria in 1887:
We the chiefs and rulers and governors of Niue-Fekai desire to pray
Your Majesty and Your Majesty's Kingdom, if it be your pleasure to stretch
out towards us your mighty hand that Niue may hide herself in it and be
safe. We are afraid lest some other powerful nation should come and trouble
us, and take possession of our island, as some islands in this quarter
of the world have been taken by great nations. On account of this we are
troubled, but we leave it with you to do as seems best to you. If you send
the flag of Britain, it is well; or if you send a Commissioner to reside
among us, that also will be well.
Our king, Tuitonga, died on the 13th July last, but before he died
he wished to write to Your Majesty, and beg to send the powerful flag of
Britain to unfurl in this island of Niue, in order that this weak island
of ours might be strong. It was from your country that men first came to
this island to make known the name of the Lord, and through them this land
of Niue-Fekai became enlightened; then for the first time, this people
knew that there were other lands in this world. Therefore the people of
this land rejoice in you and your kingdom. This land is enlightened by
the gospel of Jesus Christ brought by the subjects of Your Majesty, and
that is why we make this petition.
That is all we have to say. May Your Majesty the Queen and your powerful
kingdom be blessed, together with the kingdom of Niue, in the Kingdom of
Heaven.
I, Fataiki, write this letter.

Sir Basil Thomson writes further: The first kingdom of all kingdoms
in the world, England, the earth-hungry and insatiable, took thirteen years
to think it over, and then, having received a second letter more precisely
worded, reluctantly consented. It is an object-lesson of the way in which
we blunder into Empire.

Land tenure in NiueIn Niue land is owned by line of descent (mangafaoa). Land is
passed preferentially to the eldest son, but the vagaries of life and death
show a different reality, where women as sole survivors own land and so
on. Traditionally, land as a precious resource, was acquired by waging
war and those in most need were keenest to fight hardest for it. So war
resettled land boundaries as the need arose. Remember that the rights of
descent were passed on verbally, and were often forgotten after 2-3 generations,
as were the exact boundaries of the lands. Ironically, as Christianity
put an end to wars, the conflicts about land increased, and the land registration
system of 1969 made things just worse. Now most of the land is owned by
absentee-owners, living in foreign lands. Their claims are then passed
down to children who have never even been in Niue. The best land is owned
by those least in need of it and those most in need must scrape a livelihood
off marginal lands.

Major problems on Niue relate to fragmentation of land titles and multiple
ownership of particular blocks of land. These are much less serious in
fact than they could be because nearly two-thirds of Niue's population
live overseas, mainly in Auckland (10,000 in 1977). If all these people
returned to Niue, there would be complete chaos and upheaval in Niue's
society, because everybody would be making land claims. Niue is very fortunate
that emigration has in some measure alleviated this problem.

With a total land area of nearly 260 km2, divided over 4000 people
(= 6.5 ha/person or 33 ha/family at 5 members each), Niue has ample land
for each. But because living from the land reduces one's living standard
by 75% compared to a government salary, few people are motivated today
to work the land or even to fish the sea. Niue has 13 villages. 25% of
all land privately owned, whereas 75% remains in multiple ownership, shared
by the members of the magafaoa or descent groups. Each family has
a house site.

The Cook and Other Islands Act 1902 provided for individual ownership
of land but did not address shared ownership. By prohibiting the selling,
giving, willing or even abandoning of land rights, it replaced excessive
flexibility by excessive rigidity. Under the colonial law, rights to land
could be acquired only by accidents of birth, that is by compulsory inheritance.
In French Polynesia and the Cook Islands, where similar legislation was
put into effect, it had the most serious consequences including a quite
fantastic fragmentation of the few recognised rights at the one accepted
level. In some cases the rights to a single house site are now shared by
hundreds of individuals. It has led to everyone obtaining an ever-decreasing
share in an ever-increasing number of lands, making administrative costs
exceedingly high and productivity exceedingly low [1]. In the years of
inter-village warfare, men mostly married women of their own village, but
this has changed, making the registration system even more complicated,
as village land ownership also became more scattered.

Land disputes were settled by local advisers until 1940, but this was
abandoned because relatives and family members were being favoured and
the advisors were easily corrupted.

The new registration system introduced in 1969 was aimed to steer a
middle course between systems then in use in Great Britain and Fiji, providing
for both individual and group registration of lands. This group registration
led to the land identifying the magafoa descent groups, rather than
the people. Today most disputes are settled outside the Court but a long
backlog developed, to be judged by the Land Court which sits for no more
than a few weeks each year. There never have been any private lawyers practising
in Niue. So how is land registration done today?

Before land can be registered (title registration is now compulsory),
it must have been surveyed (still free of charge). In 1969 about 20% of
the land was surveyed; by 1979 40%. The register records:

magafoa registration

area, description and customary name of the land; title survey by a surveyor

name of magafoa (family group or persons descended from a common
ancestor)

name of leveki magafoa or trustee

reference to any Court Order which has been ascertained or determined relative
interest of the magafoa

encumbrances such as leases.

separate register for lands acquired outright by the Crown for public purposes.
(1% of land)

Most lands remain unused or under used. Land cannot be bought or sold in
Niue, but the Government of Niue can purchase land for public purposes,
only with the consent of the land owners, which are not only many but most
also living abroad. Thus such purchases can take decades to complete. Besides,
the lands are fragmented. With most landowners living overseas, consensus
is almost impossible to achieve. Particularly the Niue Development Board,
which seeks ways to make Niuean lands more productive, is stifled by being
unable to acquire land.

Non-Niueans are not allowed by law to acquire land, except by lease.
For most immigrants acquiring long-term or secure rights to land is quite
difficult. Marrying a Niuean does not provide security either, as the title
goes into Niuean hands after death. There exists a strong resistance against
making lands available to immigrants.

In 1964 the Niue Assembly decided that persons who had been absent for
20 years or more would automatically lose their former land rights on Niue
because it would retard economic development. But Niueans in NZ were vigorously
opposed as they saw this as a break in social relations and they also wanted
to keep Niue the way it was. Considerable animosity developed between residents
and absentees. An important source of income on Niue comes from remittances
from absent relatives in NZ. One of the functions of these remittances,
as seen by the senders, is to maintain membership and active participation
in one's family back home, and land rights function as continued membership.
Many Niueans in NZ also suffered hardship and saw a possible return to
Niue as an economic security.

Even those working the land, complain that the control by the magafoa
stifles individual enterprise. In the old days, the family leader takitaki
magafoa had indisputable rights of taking for himself and redistributing
the proceeds from the land, and some of this custom is still present today.